Posted by By KENNY ASHAKA, Kaduna on
There was drama in Kaduna yesterday when former Delta state governor, Chief James Onanefe Ibori, who is standing trial on charges of corruption turned the accuser in his own case.
* Ex-Delta gov accuses EFCC officials of stealing his phone
• Court to hear allegation Tuesday
There was drama in Kaduna yesterday when former Delta state governor, Chief James Onanefe Ibori, who is standing trial on charges of corruption turned the accuser in his own case.
Ibori splashed slurry on the image of the Economic and Financial Crimes Commission (EFCC), accusing its officials of stealing his mobile telephone while he was in their custody.
The former governor who is currently standing trial at the Federal High Court in Kaduna or money laundering and corruption also accused the EFCC of sponsoring publications and demonstrations against him.
The three allegations form the plank upon which the former Delta state Chief Executive was, at the end of the day, returned to the Kaduna Prisons.
Justice Mohammed Lawal Shuaibu who is handling the case ruled that hearing into the bail application be adjourned till next Tuesday to enable the EFCC lawyer, Rotimi Jacobs react to the latest allegations.
Rotimi who disclosed the allegations raised by Chief Ibori's lead Counsel, Joseph Daudu (SAN) in a reply to the EFCC's counter affidavit argued that the allegations were weighty and that the he needed an adjournment to enable him respond to them.
'The first accused (Chief Ibori) said while he was in custody, his mobile phone was stolen. The issue for bail for the second accused person (Udoamaka Okoronkwo) is purely at the discretion of the court. I succeeded in talking to my client in respect of her case.
'In the interest of justice, My Lord should order written reply to the affidavit. I need an adjournment to reply. There are issues raised for which we need to reply. Since we were served yesterday (Thursday) at 5.00pm, we are entitled to an adjournment", Jacobs said.
In his argument against Jacobs' stand, Ibori's lawyer said the prosecution was not entitled to an adjournment since the procedure was that the applicant files an application and the respondent files a counter affidavit.
According to him, if new facts are disclosed, the allowed to reply and join issues.
'It is obvious why I made it. Having served the prosecution since 18th December, 2007, they should have responded much earlier. But they filed their counter in 42 paragraphs with numerous annexure and voluminous documents and we were served on January 9, 2008. We worked on it within 24 hours and served them with the reply", he said.
Countering Jacobs' claim that the affidavit from Ibori's lawyer was routed through the EFCC, a process he said delayed the reply, Daudu averred that the only address known to him was that of Jacobs' client.
When asked by the presiding Judge if he was prepared to withdraw the allegation of stolen mobile phone and sponsorship of publications and demonstrations, Daudu declined, submitting that the prosecution only filed their counter on January 9 at 3.00pm and he replied within 24 hours.
'Their counter was 42 paragraphs and it accused my client (Chief Ibori) of sponsoring militants. Paragraph 16 which he talked about is only replying to the allegations they (prosecution) made that my client was sponsoring militants", he argued.
Udoamaka Okoronkwo could however be granted bail as the bail application was jointly filed for Chief Ibori and Udoamaka.
The trial of Chief Ibori caused serious human and vehicular traffic along the Kawo road as scores of heavily armed mobile policemen took vantage positions searching and controlling movements into the court premises.
Police dogs and horses mounted guard at strategic areas of the Federal High Court premises, just as most officials from Delta state whose names were not supplied to security men at the gate were turned back.
Justice Mohammed Lawal Shuaibu's private car in which he was being conveyed to court was bashed in the melee which resulted from the traffic hold up.
Meanwhile, Justice Shuaibu yesterday reacted to press reports which he said attacked his person and the demeanor of protesters at the last hearing.
Shuaibu said: 'It is sad that in this country, people take to all manner of ways to register their protest", adding that 'if there is anarchy, something would be done and heaven will not fall.
'We are determined to do justice. We hope people will behave in a civil way because we are in a democracy. We subscribe to the oath of office to do justice", he said.
He referred to press reports he said attacked his person an jokingly said 'maybe after this case, I will hire one of you (defence lawyers) to pursue my right.
Chief Ibori was brought to the Federal High Court at 9.07 am in a Toyota Hilux van belong to the Mobile Police, with registration put simply as Commander, accompanied by vehicles belonging to the Prison service. He was led into the court room in company of Udoamaka Okoronkwo by prison warders.
Those in court to witness the case included Senator Patrick Osakwe, Senator James Manager, both serving senators from Delta state, Hon. Halims Agoda, PDP chairman in Delta state, Emmanuel Ogidi, Chief Williams Ibori, The former governor's elder brother, among others.